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Trail Smelter Arbitration (United States v. Canada)

Special Arbitral Tribunal
3 U.N. Rep. Int’l Arb. Awards 1905 (1941)


Facts

From 1925 to 1937, a corporation of Canada (defendant) owned a smelter plant which emitted noxious fumes that caused damage in Washington State in the United States (plaintiff). The United States sought injunctive and declaratory relief, as well as damages for air pollution from Canada based on the fumes. A Special Arbitral Tribunal (Tribunal) considered the case.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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